SUBCHAPTER E -- INDIAN LANDS PROGRAM   
PART 750 -- REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS
     ON INDIAN LANDS

Sec.
750.1     Scope
750.5     Definitions
750.6     Responsibilities
750.10    Information collection
750.11    Permits
750.12    Permit applications
750.13    Small operator assistance
750.14    Lands designated unsuitable for mining by Act of Congress
750.15    Coal exploration
750.16    Performance standards
750.17    Bonding
750.18    Inspection and enforcement
750.19    Certification of blasters
750.20    [Reserved]
750.21    Coal extraction incidental to the extraction of other minerals
750.25    Permit fees

AUTHORITY: Pub. L. 95-87 (30 U.S.C. 1201 et seq., as amended); and Pub. L. 100-34
SOURCE:  49 FR 38477, Sept. 28, 1984, unless otherwise noted

[For the list of Final Rules affecting these sections, as published in the Federal Register, see 
"Regulation History - Changes to the Regulations Parts 700-890, 3/13/79 - 6/30/00".]

30 CFR Sec. 750.1   Scope.  

    This subchapter provides for the regulation of surface coal mining and reclamation operations on Indian lands and
constitutes the Federal program for Indian lands.  

30 CFR Sec. 750.5   Definitions.  

    For purposes of regulating surface coal mining operations on Indian lands, the following terms, when used in this
subchapter or in parts referenced by this subchapter, have the following meanings:  

    BIA means the Bureau of Indian Affairs of the U.S. Department of the Interior.  

    BLM means the Bureau of Land Management of the U.S. Department of the Interior.  

    Federal program means the Federal program for Indian lands.  

    Indian mineral owner means (1) any individual Indian or Alaska native who owns land or mineral interests in land
the title to which is held in trust by the United States or is subject to a restriction against alienation imposed by the
United States, or (2) any Indian tribe, band, native, pueblo, community, rancheria, colony, or other group which
owns land or mineral interest in land the title to which is held in trust by the United States or is subject to a
restriction against alienation imposed by the United States. This definition does not include owners of lands patented
to a village or regional corporation pursuant to the Alaska Native Claims Settlement Act, Pub. L. 92-203.  

    Local government agencies means, in addition to county, city or township governments, Indian tribal
governments.  

    Minerals agreement means any joint venture, operating, production sharing, service, managerial, lease or other
agreements, or any amendment, supplement to or modification of such agreement, providing for the exploration for,
or extraction, processing, or the development of coal, or providing for the sale or other disposition of the production
or products of such coal resources.  

    MMS means the Minerals Management Service of the U.S. Department of the Interior.  

    Regulatory authority means the Office of Surface Mining.  

30 CFR Sec. 750.6   Responsibilities.  

    (a) OSM shall: (1) Be the regulatory authority on Indian lands;  

    (2) After consultation with the Bureau of Indian Affairs and, as applicable, with the Bureau of Land Management,
conditionally approve, approve, or disapprove applications for permits, permit renewals, or permit revisions for
surface coal mining operations on Indian lands, and applications for the transfer, sale or assignment of such permit
rights on Indian lands;  

    (3) Conduct inspection and enforcement activities with respect to surface coal mining and reclamation operations
on Indian lands;  

    (4) Consult with the BIA and the affected tribe with respect to special requirements relating to the protection of
non-coal resources of the area affected by surface coal mining and reclamation operations, and assure operator
compliance with such special requirements;  

    (5) Consult with the Bureau of Land Management concerning requirements relating to the development,
production and recovery of mineral resources on Indian lands;  

    (6) Approve environmental protection performance bonds and liability insurance required for surface coal mining
and reclamation operations on Indian lands but not the production royalty bond; and  

    (7) Ensure compliance with the requirements of the National Environmental Policy Act of 1969, 42 U.S.C. 4321
et seq., with respect to permitting actions for surface coal mining and reclamation operations on Indian lands.  

    (b) The Bureau of Land Management is responsible for: (1) Receiving, reviewing, and conditionally approving,
approving or disapproving coal exploration plans and mining plans, as provided in 25 CFR Chapter I or in specific
Indian mineral agreements;  

    (2) Administering, and conducting inspection and enforcement for, coal exploration operations on Indian lands;  

    (3) Administering mining contract, lease or mineral agreement terms and conditions, as provided for in 25 CFR
Chapter I or in specific Indian mineral agreements; and  

    (4) Administering and conducting inspections and enforcement of terms and conditions of contracts, leases or
mineral agreements for coal mining operations, including production verification and inspection of operations for
that purpose.  

    ( c) The Minerals Management Service is responsible for collecting and accounting for royalties and other income
from Indian mineral agreements except for annual rentals.  

    (d) The Bureau of Indian Affairs is responsible for: (1) Consulting directly with and providing representation for
Indian mineral owners and other Indian land owners in matters relating to surface coal mining and reclamation
operations on Indian lands;  

    (2) After consultation with the affected tribe, reviewing and making recommendations to OSM concerning permit
applications, renewals, revisions or transfers of permits, permit rights or performance bonds; and  

    (3) After consultation with the affected tribe, reviewing mining plans and making recommendations to the Bureau
of Land Management pursuant to 25 CFR 216.7.  

30 CFR Sec. 750.10  Information collection.  

    The Office of Management and Budget has determined that the information collection requirements contained in
30 CFR part 750 do not require approval under the Paperwork Reduction Act.  

[59 FR 43420, Aug. 23, 1994]  

30 CFR Sec. 750.11  Permits.  

    (a) No person shall conduct surface coal mining operations on Indian lands after eight months following the
effective date of this subchapter unless that person has first obtained a permit pursuant to this part.  

    (b) Any person conducting surface coal mining and reclamation operations on lands subject to this part shall
comply with the terms and conditions of the permit, the requirements of this subchapter, and the Act.  

    ( c) Surface coal mining operations authorized prior to the effective date of this subchapter may be conducted
beyond the eight-month period specified in paragraph (a) of this section if the following conditions are present: (1)
An application for a permit to conduct those operations under this part has been made within two months of the
implementation of the Federal program for Indian lands;  

    (2) OSM has not yet rendered an initial administrative decision approving or disapproving the permit application;
and  

    (3) Those operations are conducted in compliance with all terms and conditions of the lease or minerals
agreement, the existing authorization to mine, the requirements of the Act, and the requirements of 25 CFR Chapter
I.  

    (d) Whenever surface coal mining and reclamation operations are proposed to include both Indian lands and non-
Indian lands, OSM will use reasonable efforts to ensure that reviews of the permit applications will be conducted
cooperatively and concurrently by OSM and the regulatory authority responsible for the non-Indian lands.  

[49 FR 38477, Sept. 28, 1984, as amended at 54 FR 13822, Apr. 5, 1989]  

30 CFR Sec. 750.12  Permit applications.  

    (a) Each application for a permit to conduct surface coal mining operations on lands subject to this part shall be
accompanied by fees in accordance with Sec. 750.25 of this part.  

    (b) Unless specified otherwise by the regulatory authority, each person submitting a permit application shall file
no less than seven copies of the complete permit application package with OSM. OSM will ensure that the affected
tribes, the Bureau of Indian Affairs, and when applicable, the Bureau of Land Management receive copies of the
application.  

    ( c)(1) The following requirements of subchapter G of this chapter shall govern the processing of permit
applications on Indian lands except as specified in paragraph ( c)(2) or ( c)(3) of this section.  

    (i) Part 773;  

    (ii) Part 774;  

    (iii) Part 775;  

    (iv) Part 777;  

    (v) Part 778;  

    (vi) Part 779;  

    (vii) Part 780;  

    (viii) Part 783;  

    (ix) Part 784; and  

    (x) Part 785;  

    (2) The following provisions of subchapter G are not applicable to permitting on Indian lands: 

    (i) Part 772;  

    (ii) Sections 773.4, 773.15( c), 777.17;  

    (iii) Section 778.16 (a) and (b); and  

    (iv) Sections 785.11, 785.12;  

    (3) Special requirements. (i) Approval of a transfer, assignment, or sale of rights granted under a permit shall not
be construed as approval of a transfer or assignment of a leasehold interest. Leasehold interests may be transferred or
assigned only in accordance with 25 CFR parts 211 and 212.  

    (ii) The following additional requirements are applicable to permit revisions:  

    (A) Applications for revisions pursuant to Sec. 774.13(b) of this chapter shall contain the same information on the
proposed revised operation as if the revised operation had been proposed as part of the initial operation permitted
under this part.  

    (B) OSM shall determine if the application for revision is complete and if the proposed revision is significant.
OSM shall consider the following factors as well as other relevant factors in determining the significance of a
proposed revision: (1) Changes in production or recoverability of the coal resource; (2) the environmental effects;
(3) the public interest in the operation, or likely interest in the proposed revision; and (4) possible adverse impacts
from the proposed revision on fish or wildlife, endangered species, bald or golden eagles or cultural resources.  

    ( C) Significant revisions shall be processed as if they are new applications in accordance with parts 773 and 775
of this chapter. Other revisions shall be reviewed to determine if the findings which were made in issuing the original
permit are still valid.  

    (iii) Any section in this chapter which provides for consultation with, or notification to, State and local
governments shall be interpreted as requiring in like manner consultation with, or notification to, tribal governments.  

    (d) The permit application package shall also contain:  

    (1) The mining plan required to be submitted by 25 CFR 216.7 or 43 CFR part 3480, as applicable.  

    (2) The following information to assure compliance with Federal laws other than the Act:  

    (i) The description of the proposed surface coal mining and reclamation operation with respect to: (A) Increases in
employment, population, and revenues to public and private entities; and (B) the ability of public and private entities
to provide goods and services necessary to support surface coal mining and reclamation operations.  

    (ii) An evaluation of impacts to the scenic and aesthetic resources, including noise on the surrounding area, due to
the proposed surface coal mining and reclamation operation.  

    (iii) A statement, including maps and ownership data as appropriate, of any cultural or historical site listed on the
National Register of Historic Places within the permit and adjacent areas of the proposed surface coal mining and
reclamation operation.  

    (iv) A statement of the classes of properties of potential significance within the disturbed area, and a plan for the
identification and treatment, in accordance with 36 CFR part 800, of properties significant and listed, or eligible for
listing, on the National Register of Historic Places within the permit area of the proposed surface coal mining and
reclamation operation.  

    (v) A description of compliance with Federal laws aimed at protecting cultural resources on Indian lands.  

    (vi) A description of the probable changes in air quality resulting from the surface coal mining operation and any
necessary measures to comply with prevention of significant deterioration limitations, or other Federal laws for air
quality protection.  

    (vii) A description of the location, acreage and condition of important habitats of selected indicator species
located within the permit and adjacent areas of the proposed surface coal mining and reclamation operation.  

    (viii) A description of active and inactive nests and prey areas of any bald or golden eagles located within the
permit and adjacent areas of the proposed surface coal mining and reclamation operations.  

    (ix) A description and special studies, if required, of all threatened and endangered species and their critical
habitats located within the permit and adjacent areas of the proposed surface coal mining and reclamation operations. 

[49 FR 38477, Sept. 28, 1984, as amended at 54 FR 22188, May 22, 1989; 55 FR 29548, July 19, 1990; 65 FR
79582, 79663, Dec. 19, 2000]  

30 CFR Sec. 750.13  Small operator assistance.  

    Part 795 of this chapter is applicable on Indian lands.  

30 CFR Sec. 750.14  Lands designated unsuitable for mining by Act of Congress.  

    Part 761 of this chapter is applicable on Indian lands.  

30 CFR Sec. 750.15  Coal exploration.  

    Coal exploration operations on Indian lands shall be conducted in accordance with 25 CFR part 216 and 43 CFR
part 3480, whichever is applicable.  

30 CFR Sec. 750.16  Performance standards.  

    After OSM issues a permit under this part, a person conducting surface coal mining operations on Indian lands
shall do so in accordance with parts 816, 817, 819, 822, 823, 824, 827, and 828 of this chapter. Prior to that time, the
person conducting surface coal mining and reclamation operations shall adhere to the performance standards of 30
CFR Chapter VII, Subchapter B.  

[49 FR 38477, Sept. 28, 1984; 59 FR 43420, Aug. 23, 1994]  

30 CFR Sec. 750.17  Bonding.  

    Subchapter J of this title is applicable on Indian lands.  

30 CFR Sec. 750.18  Inspection and enforcement.  

    (a) Parts 842, 843, 845 and 846 of this chapter and the hearings and appeals procedures of 43 CFR part 4 are
applicable on Indian lands.  

    (b) OSM shall furnish copies of notices and orders to mineral owners or surface owners on whose land the surface
coal mining operation takes place. OSM may furnish copies of notices and orders to any other person having an
interest in the surface coal mining and reclamation operation or the permit area.  

    ( c) BLM shall furnish copies of notices and orders to mineral owners or surface owners on whose land coal
exploration operations take place and pursuant to 25 CFR 216.7 and 43 CFR part 3480, where applicable, to any
mineral owner or surface owner, or to any person having an interest in the coal mining operation.  

    (d) Whenever an authorized representative of the Secretary decides to conduct an inspection of any coal mining
operations or any premises in which any records to be maintained are located, the appropriate representative of the
local governing Indian tribe shall be notified and be invited to accompany the Secretary's representative on such an
inspection.  

    (e) No provision in this chapter shall be interpreted as replacing or superseding any other remedies of the Indian
mineral owners, as set forth in a contract or otherwise available at law.  

    (f) Appropriate officials of the local governing Indian tribe shall be notified of any hearings or conferences
conducted regarding civil penalties and shall be invited to attend.  

[49 FR 38477, Sept. 28, 1984, as amended at 53 FR 3675, Feb. 8, 1988]  

30 CFR Sec. 750.19  Certification of blasters.  

    A person seeking to conduct blasting operations on Indian lands shall comply with the requirements of Secs.
816.61( c) and 817.61( c) and part 955 of this chapter.  

[51 FR 19461, May 29, 1986]  

30 CFR Sec. 750.20  [Reserved]  

30 CFR Sec. 750.21  Coal extraction incidental to the extraction of other minerals.  

    Part 702 of this chapter is applicable on Indian lands.  

[54 FR 52123, Dec. 20, 1989]  

30 CFR Sec. 750.25  Permit fees.  

    (a) Applicability. An applicant for a new permit to conduct surface coal mining operations on lands subject to this
part shall submit to OSM fees in the amounts set out in paragraph (d) of this section. For applications submitted prior
to the effective date of this rule, fees shall apply only for stages of OSM review begun on or after the effective date.
The applicant shall either submit all applicable fees with the permit application, or by stage of review as follows:  

    (1) Administrative completeness review. An applicant who pays by stage of review shall submit the administrative
completeness review fee with the permit application.  

    (2) Technical review. Following receipt from OSM of a notice of administrative completeness, an applicant who
pays by stage of review shall submit the technical review basic fee, plus the per-acre fee for each acre of disturbed
area or fraction thereof to be included in the permit area.  

    (3) Permit issuance. Following receipt from OSM of a notice of technical adequacy, an applicant who pays by
stage of review shall submit the decision document fee.  

    (b) Refund of fees. (1) Upon receipt of a written request from an applicant, OSM will refund any permit fees paid
under this section for a permit application when OSM denies the permit:  

    (i) On the basis of information concerning endangered or threatened species or their critical habitats or
information concerning cultural or historical resources, where such information was not available prior to submission
of the permit application;  

    (ii) Because subsequent to submittal of a permit application, the lands contained in the permit application are
declared unsuitable for mining under subchapter F of this chapter; or  

    (iii) Because subsequent to submittal of a permit application, the applicant is denied valid existing rights to mine
under part 761 of this chapter where such rights are required for surface coal mining operations on the lands
contained in the permit application. 

    (2) An applicant may file a written request for withdrawal of a permit application and a refund of fees in
accordance with paragraph (b)(3) of this section.  

    (3) OSM will, upon receipt of written request for withdrawal of a permit application, cease processing of that
application. If requested, OSM will refund fees paid by the applicant for the withdrawn application as follows:  

    (i) Any fees for a stage of OSM review not yet begun will be refunded;  

    (ii) Where technical review has begun, partial refund will be made of any technical review fee amounts remaining
after deduction of actual costs incurred for that technical review. Costs to process the withdrawal may also be
deducted.  

    (4) No interest will be paid on refunded fees.  

    ( c) Form of payment. All fees due under this section shall be submitted to OSM by the applicant in the form of a
certified check, bank draft or money order, payable to Office of Surface Mining.  

    (d) Fee schedule for a new permit.  
________________________________________________________________________________

Administrative completeness review      $250.00
Technical review:
     Basic fee                                1350.00
Fee per acre of disturbed area in permit area:
     First 1,000 acres                     13.50/acre
     Second 1,000 acres                 6.00/acre
     Third 1,000 acres                    4.00/acre
     Additional acres                        3.00/acre
     Decision document                     2000.00
________________________________________________________________________________

[55 FR 29548, July 19, 1990; 65 FR 39543, June 27, 2000]  



SUBCHAPTER E -- INDIAN LANDS PROGRAM   
PART 755 -- TRIBAL-FEDERAL INTERGOVERNMENTAL AGREEMENTS

Sec.
755.1     Scope
755.10    Information collection
755.11    Application and agreement
755.12    Terms
755.13    Authority reserved by the Secretary
755.14    Amendments
755.15    Termination

AUTHORITY:  Pub. L. 95-87 (30 U.S.C. 1201-1328)
SOURCE:  49 FR 38480, Sept. 28, 1984, unless otherwise noted.

[For the list of Final Rules affecting these sections, as published in the Federal Register, see 
"Regulation History - Changes to the Regulations Parts 700-890, 3/13/79 - 6/30/00".]

30 CFR Sec. 755.1   Scope.  

    This part sets forth requirements for the development, approval and administration of Tribal-Federal
Intergovernmental Agreements.  

30 CFR Sec. 755.10  Information collection.  

    The information collection requirements contained in this part do not require approval from the Office of
Management and Budget under 44 U.S.C. 3507 because there are expected to be less than 10 respondents annually.  

30 CFR Sec. 755.11  Application and agreement.  

    (a) An Indian tribe may request that the Secretary enter into a Tribal-Federal intergovernmental agreement with
the tribe.  

    (b) A request for a Tribal-Federal intergovernmental agreement shall be submitted in writing and shall include
proposed terms of the agreement consistent with the requirements of this part.  

30 CFR Sec. 755.12  Terms.  

    The terms in each Tribal-Federal intergovernmental agreement may include:  

    (a) Provisions to allow the tribe to work with and assist OSM in the review of permit applications, and to
recommend appropriate action on permits, permit applications, inspection and enforcement, and bond release or
forfeiture; and  

    (b) Provisions to provide funding for tribal employees to attend and testify at hearings and to perform other
functions under the agreement.  

30 CFR Sec. 755.13  Authority reserved by the Secretary.  

    The Secretary shall not delegate to any Indian tribe, nor shall any Tribal-Federal Intergovernmental Agreement be
construed to delegate to any tribe, the nondelegable authority exercised by or reserved to the Secretary on Indian
lands.  

30 CFR Sec. 755.14  Amendments.  

    An agreement that has been approved pursuant to this part may be amended by mutual agreement of the Secretary
and the officers of the tribe.  

30 CFR Sec. 755.15  Termination.  

    An agreement may be terminated by either party upon written notice to the other specifying the date upon which
the agreement will be terminated. The date of termination shall be no less than 30 days from the date of the notice.  



SUBCHAPTER E -- INDIAN LANDS PROGRAM   
PART 756 -- INDIAN TRIBE ABANDONED MINE LAND RECLAMATION PROGRAMS

Sec.
756.1     Scope
756.13    Approval of the Navajo Nation's abandoned mine land plan
756.14    Approval of amendments to the Navajo Nation's abandoned mine land plan
756.15    Required amendments to the Navajo Nation's abandoned mine land plan
756.16    Approval of the Hopi Tribe's abandoned mine land reclamation plan
756.17    Approval of the Hopi Tribe's abandoned mine land reclamation plan amendments
756.18    Required amendments to the Hopi Tribe's abandoned mine land reclamation plan
756.19    Approval of the Crow Tribe's abandoned mine land reclamation plan
756.20    Approval of amendments to the Crow Tribe's abandoned mine land plan
756.21    Required amendments to the Crow Tribe's abandoned mine land reclamation plan

AUTHORITY:  30 U.S.C. 1201 et seq. and Pub. L. 100-71.  

30 CFR Sec. 756.1   Scope.  

    This part implements the provisions in Pub. L. 100-71 which authorize the Crow, Hopi, and Navajo Tribes to
obtain the Secretary's approval of Abandoned Mine Land Reclamation programs without prior approval of surface
mining regulatory programs as ordinarily required by section 405 of SMCRA.  

[53 FR 17190, May 16, 1988]  

30 CFR Sec. 756.13  Approval of the Navajo Nation's Abandoned Mine Land Plan.  

    The Navajo Nation's Abandoned Mine Land Plan as submitted in June 1982, resubmitted in September 1983, and
amended in February 1988, is approved effective May 16, 1988. Copies of the approved program are available at:  

    (a) The Navajo Nation, Navajo Abandoned Mine Land Reclamation Department, Division of Natural Resources,
Navajo Nation Inn-Office Complex, P.O. Box 1875, Window Rock, AZ 86515, Telephone: (520) 871-7593.  

    (b) Office of Surface Mining Reclamation and Enforcement, Albuquerque Field Office, 505 Marquette Ave.,
NW., Suite 1200, Albuquerque, NM 87102, Telephone: (505) 248-5070.  

[60 FR 33724, June 29, 1995, as amended at 61 FR 6508, Feb. 21, 1996]  

30 CFR Sec. 756.14  Approval of amendments to the Navajo Nation's Abandoned Mine Land Plan.  

    (a) Revisions to the following provisions of the Navajo Nation AMLR plan, as submitted to OSM on April 7 and
22, 1994, are approved effective September 27, 1994:  

Navajo Nation Abandoned Mine Land Reclamation Code of 1987: Introduction  

Section 101 -- Findings  
Section 102 -- Purposes  
Section 201 -- Duties of Navajo Abandoned Mine Lands Reclamation Department  
Section 401 -- Navajo Abandoned Mine Reclamation Fund and Purposes  
Section 402 -- Reclamation Fees  
Section 403 -- Objectives of Fund  
Section 404 -- Eligible Lands and Water  
Section 405 -- Reclamation Program  
Section 407 -- Acquisition and Reclamation of Lands Within the Navajo Nation Adversely Affected by Past Mining
     Practices  
Section 408 -- Liens  
Section 409 -- Filling Voids and Sealing Tunnels  
Section 410 -- Deletion of Emergency Powers  
Section 411 -- Certification of Completion of Coal Reclamation  
Section 412 -- Navajo Abandoned Mine Reclamation Fund Report  
Section 413 -- Miscellaneous Powers, and 
Section 414 -- Interagency Cooperation  

Navajo Nation Rules  

II(D) (1) and (2) -- Reclamation Priorities  
II(L) (1) and (2) -- General Reclamation Requirements  
II(M) (1) and (2) -- Certification of Completion of Coal Reclamation  
II(N) (1) -- Eligible Lands and Water Subsequent to Certification  
II(O) (1) -- Exclusion of Noncoal Reclamation Sites  
II(P) (1), (2), and (3) -- Utilities and Other Facilities, and  
III(E) (1) -- Future Reclamation Set-Aside Program  

    (b) The Director concurs with the Navajo Nation's May 4, 1994, certification of completion of coal reclamation
effective September 27, 1994.  

    ( c) Revisions to sections 404 (a), (b), and ( c) of the Navajo Nation Abandoned Mine Land Reclamation (AMLR)
Code of 1987, pertaining to eligible lands and water, as submitted to OSM on January 12, 1995, and as subsequently
revised on February 23 1995, are approved effective April 25, 1995.  

    (d) Revisions to, additions of, or deletions of the following rules, as submitted to OSM on September 3, 1996, are
approved effective April 15, 1997.  

Section II, E, 1, Project selection,  
Sections II, L, 1(e) and (g), Eligible coal lands and water,  
Section II, L, 1(h), Limited liability,  
Section II, L, 1(i), Contractor responsibility,  
Section II, L, 1(j), Reports,  
Sections II, L, 2(b)(3) and (4), Eligible noncoal lands and water prior to certification,  
Section II, L, 2( c), Limited liability,  
Section II, L, 2(d), Contractor responsibility,  
Section II, L, 2(e), Reports,  
Sections II, M, 1(b) and (d), 2, and 2(a) and (b), Certification of completion of coal sites,  
Sections II, N, 1 and 1( c), Eligible lands and water subsequent to certification, 
Sections II, P, 1(a) through ( c), 2(a) through (f), and (3), Utilities and other facilities, and  
Section III, E, 1 and 1(a), Future reclamation set-aside program.  

[59 FR 49185, Sept. 27, 1994, as amended at 60 FR 20195, April 25, 1995; 62 FR 18272, April 15, 1997]  

30 CFR Sec. 756.15  Required amendments to the Navajo Nation's abandoned mine land plan.  

    Pursuant to 30 CFR 884.15, the Navajo Nation is required to submit to OSM by the date specified either a
proposed amendment or a reasonable timetable, which is consistent with the Navajo Nation's established
administrative and legislative procedures, for submitting an amendment to the Navajo Nation plan.  

[61 FR 6508, Feb. 21, 1996]  

30 CFR Sec. 756.16  Approval of the Hopi Tribe's abandoned mine land reclamation plan.  

    The Hopi Tribe's Abandoned Mine Land Reclamation Plan as submitted in July 1983, and amended in March and
May 1988, is approved. Copies of the approved Plan are available at the following locations:  

    (a) The Hopi Tribe, Hopi Abandoned Mine Land Program, Department of Natural Resources, Honahni Building,
P.O. Box 123, Kykotsmovi, AZ 86039, Telephone: (520) 734-2441.  

    (b) Office of Surface Mining Reclamation and Enforcement, Albuquerque Field Office, 505 Marquette Ave.,
NW., Suite 1200, Albuquerque, NM 87102, Telephone: (505) 248-5070.  

[61 FR 6508, Feb. 21, 1996]  

30 CFR Sec. 756.17  Approval of the Hopi Tribe's Abandoned Mine Land Reclamation Plan Amendments.  

    The following amendments to the Hopi Tribe's abandoned mine land reclamation plan are approved.  

    (a) The Hopi Tribe certification of completion of coal reclamation, as submitted on February 2, 1994, is approved
effective June 9, 1994.  

    (b) With the exceptions of Part I, concerning the purpose of the Hopi tribe plan; section I, A(3) concerning
facilities related to water supplies; section I, A(4), concerning public facilities projects; section II, B(1)(d)(ii),
concerning the protection of property; and section 884.13(f)(2), concerning a description of aesthetic, cultural and
recreational conditions of the Hopi Reservation, revisions to and additions of the following plan provisions, as
submitted to OSM on November 2, 1995, are approved effective April 23, 1996.  

Table of Contents -- Title of Part II and List of Appendices;  

List of Addenda and Errata -- Title for this part;  
List of Figures-Title of Figure 4 and deletion of Figure 5;  
Preface to Amended Reclamation Plan -- Introductory paragraph, program goals and objectives, and eligible
     projects;  
Chairman's Letter of Designation and Hopi Tribe Resolution -- Designation of Tribal agency authorized to
     administer approved plan;  
Opinion of Legal Counsel -- Authority of designated agency to conduct the AMLR program in accordance with the
     requirements of Title IV of SMCRA;  
Section I, A(1) -- Protection of the health, safety, and general welfare of members of the Hopi Tribe;  
Section I, A(2) -- Restoration of land and water resources;  
Section I, B -- Designation of administrative authority;  
Section I, C -- Reclamation priorities; 
Sections I, C (4) and (5) -- Deletion of existing C(4) and recodification of C(5) and (6) as C(4) and (5);  
Section I, C -- Deletion of allocation of funds provisions;  
Section II, A -- [Lack of] Limited liability provision for coal;  
Section II, A(1) -- Abatement of any new coal problems that arise after the effective date of the certification of
     completion of coal reclamation;  
Sections II, A(1) (a) through (f) -- Eligible coal lands and water;  
Section II, (A)(1)(g) -- Contractor responsibility;  
Section II, A(1)(h) -- Reports;  
Sections II, B(1) (a) and (b) -- Eligible lands and water subsequent to certification;  
Sections II, B(1)( c), (d) (i) and (iii), (e), and (g) -- Reclamation priorities for noncoal program;  
Section II, B(1)(f) -- Need for activities or construction of specific public facilities related to the coal or mineral
     industry on Tribal lands impacted by coal or mineral development;  
Section II, G -- Reports;  
Sections II, C through F -- Exclusion of certain noncoal reclamation sites, noncoal land acquisition authority, limited
     liability, and contractor responsibility;  
Section II, H and [deletion of] ranking and selection of noncoal reclamation projects and Table I,
     Comprehensive/Problem Evaluation Matrix -- Description of needs, proposed construction and activities;  
Part III -- Coordination of Tribal AML programs with other programs;  
Section IV, A(1) -- Acquisition of lands by the Hopi Tribe;  
Section IV, A(2)(a)(i) -- Appraisals;  
Section IV, A(2)(b) -- Lands eligible for acquisition;  
Sections IV, A(2) ( c), (d), (e), B(2), and C -- Land acquisition, management, and disposal;  
Section IV, B(1) -- Management of acquired lands;  
Part V and Figures 1 and 2 -- Reclamation on private land;  
Section VI, A, B, and C -- Rights of entry;  
Deletion of section VI, C -- Entry for emergency reclamation; 
Part VII -- Hopi Department of Natural Resources (DNR) policy on public participation;  
Part VIII and Figure 4 -- Organization of the Hopi Tribe;  
Part IX -- Personnel staffing policies;  
Part X -- Purchasing and procurement;  
Part XI -- Management accounting;  
[Deletion of] sections 884.13(e) (1), (2), and (3) -- Purpose of Hopi Tribe plan and criteria for ranking and
     identifying projects;  
Part XII -- Economic conditions of the Hopi Reservation;  
Part XIII -- Flora and fauna;  
Appendices 1 through 12 -- Addition of cover pages;  
Appendix 1 -- Constitution and By-Laws of the Hopi Tribe, as amended;  
Appendix 7 -- Title of the appendix;  
Memorandum from the Assistant General Counsel/Legislation Counsel to DNR dated May 18, 1995 -- Elimination
     of Title IV from the draft Hopi Code Mining Ordinance;  
Hopi Tribal Council Resolution H-134-89, adopted August 29, 1989; and  
Memorandum from the Hopi Tribe Office of Financial Management to DNR dated September 7, 1995 -- Purchasing
     procedures.  

    ( c) Revisions to, additions of, or deletions of the following plan provisions, as submitted to OSM on September
23, 1996, are approved effective March 31, 1997:  

Preface to Amended Reclamation Plan-Introductory paragraph and Eligible Projects;  
Section I, A-Purpose of Hopi plan;  
Section II, A(1)-Certification of Completion of Coal Sites;  
Section II, A(1)(a)-Eligible Coal Lands and Water;  
Section II, A, (1)(g)-Contractor Responsibility (for coal reclamation);  
Section II, (A)(1)(i)-Limited Liability (for coal reclamation);  
Sections II, (B)(1)(d) and (d)(ii)-Noncoal Reclamation After Certification;  
Sections II, (B)(1)(h), (i), and (j)-Limited Liability, Contractor Responsibility, and Reports (for noncoal
     reclamation); 
Deletion of sections II, E, F, and G-Limited Liability, Contractor Responsibility, and Reports (for noncoal
     reclamation);  
Section II, E-Description of Needs, Proposed Construction and Activities;  
Sections IV, (A)(1) and (B)(1)-Acquisition and Management of Acquired Lands;  
Sections VI, A(1) (a) through ( c) and B(1)-Consent to Entry and Public Notice;  
Section VII, B(8)-Public Participation;  
Section VIII-Organization of the Hopi Tribe;  
Section XII-Description of Aesthetic, Cultural and Recreational Conditions of the Hopi Reservation; and  
Section XIV-Flora and Fauna.  

[61 FR 17839, April 23, 1996, as amended at 62 FR 15115, March 31, 1997]  

30 CFR Sec. 756.18  Required amendments to the Hopi Tribe's Abandoned Mine Land Reclamation Plan.  

    Pursuant to 30 CFR 884.15, the Hopi Tribe is required to submit to OSM by the date specified either a proposed
amendment or a reasonable timetable, which is consistent with the Hopi Tribe's established administrative and
legislative procedures, for submitting an amendment to the Hopi Tribe plan.  

    (a) [Reserved]  

    (b) [Reserved]  

[61 FR 6507, 6508, Feb. 21, 1996, as amended at 61 FR 17840, Apr. 23, 1996; 62 FR 15115, Mar. 31, 1997]  

30 CFR Sec. 756.19  Approval of the Crow Tribe's Abandoned Mine Land Reclamation Plan.  

    The Crow Tribe's Abandoned Mine Land Reclamation Plan as submitted in 1982, and resubmitted in September,
1988 is approved. Copies of the approved Plan are available at the following locations:  

    (a) Crow Tribal Council, Crow Office of Reclamation, P.O. Box 159, Crow Agency, MT 59022.  

    (b) Office of Surface Mining Reclamation and Enforcement, Casper Field Office, Room 2128, 100 East B Street,
Casper, WY 82601-1918, Telephone: (307) 261-6555.  

[61 FR 6508, Feb. 21, 1996]  

30 CFR Sec. 756.20  Approval of amendments to the Crow Tribe's abandoned mine land reclamation plan.  

    Revisions to the following provisions of the Crow Tribe's Abandoned Mine Land Reclamation Plan, as submitted
to OSM on the date specified, are approved.  

[61 FR 6509, Feb. 21, 1996]  

30 CFR Sec. 765.21  Required amendments to the Crow Tribe's abandoned mine land reclamation plan.  

    Pursuant to 30 CFR 884.15, the Crow Tribe is required to submit to OSM by the date specified either a proposed
amendment or a reasonable timetable, which is consistent with the Crow Tribe's established administrative and
legislative procedures, for submitting an amendment to the Crow Tribe plan.  

[61 FR 6509, Feb. 21, 1996]